Our team keeps you informed of developments in patents, trade marks, designs, ecommerce and biotech. If you'd like to be notified when we add new publications to the site, please go to our subscription page to sign up for email alerts or, alternatively, you can subscribe to our RSS feed.
- 08 February 2012
Focus: Government response to gene patenting inquiriesThe Federal Government has releaseda response to three different inquiries relating to the patenting of genes and related biological materials. Partner Sarah Matheson, Senior Associate Tom Reid and Vacation Clerk Lauren John report on the response, which has particular significance to biotech industry participants
- 23 January 2012
Audio: Offensive words as trade marksA decision last week approving the trade mark 'Nuckin Futs' has highlighted some of the issues surrounding registering potentially offensive words as trade marks. Partner Sarah Matheson spoke to Boardroom Radio about the way the law and attitudes have changed in regard to this issue
- 21 September 2011
Focus: Medical patent fatally wounded by 'fundamental' lack of clarityIn a 'rare case' in patent law, a fundamental lack of clarity concerning the performance and function of an aspect of the claimed invention doomed the relevant claims of the patent to invalidity. Partner Sarah Matheson, Senior Associate Tom Reid and Law Graduate Courtney McLennan report on this recent case
- 16 August 2011
Focus: Coffee appeal grounds upheldThe Full Court of the Federal Court has overturned an earlier decision that servingware maker Bodum's reputation in its 'Chambord' coffee plunger was 'distinctly tied' to its Bodum name. Partner Tim Golder and Senior Associate Anna Thorburn report on this latest decision
- 04 August 2011
Audio: Tablet patent warsA high-stakes patents war between the world's leading smartphone and tablet companies is currently taking place. Partner Chris Bird spoke to Boardroom Radio about the issues surrounding the current battle and what it means for consumers
- 05 July 2011
Client Update: Seafood v Bass - a commonsense approachThe Full Federal Court has unanimously overturned a controversial decision concerning patent infringement, holding that commonsense should prevail when approaching the construction of patent claims. Ordinary words in claims should be given their plain and ordinary meaning, as a person skilled in the art would understand them. Partner Chris Bird and Senior Associate Lester Miller report on a case thatwill be welcome news topatentees
- 28 April 2011
Focus: Trade mark infringement on the web - a hairy problemA recent Federal Court case looked at the issue of whether the use of a trade mark on an 'international' website constituted a trade mark infringement in Australia. Partner Tim Golder and Senior Associate Mark Williams discuss the case, and highlight the difficulties presented by the online environment when a mark is owned by different parties in different jurisdictions
- 06 April 2011
Focus: New practice for divisional applications, trans-Tasman examination integration and review of patentable subject matterOur lawyers and patent attorneys look at IP Australia's revised practice guidelines for the examination of divisional patent applications and their implications; a joint NZ/Australian initiative to integrate their respective patent examination services; and the Federal Government's review of the law relating to patentable subject matter
- 05 April 2011
Focus: Major IP reforms under considerationIP Australia is currently considering draft legislation that proposes some major changes to, and developments in, IP protection in Australia. This will include consideration of submissions made by all interested stakeholders over recent weeks. In this article, Partner Trevor Davies and PTA Technical Assistant Sean Blasdall highlight some of the key features covering patents, and Partner Tim Golder and Senior Associate Anna Thorburn highlight some of the key features covering copyright, trade marks and designs
- 02 December 2010
Audio: Senate Inquiry into gene patentsA Senate committee has released its long-awaited report into gene patents. Partner Trevor Davies spoke to Boardroom Radio about the report's major findings, as well as a Private Member's Bill introduced into the Senate that could have serious consequences for the Australian biotech industry
- 10 November 2010
Focus: Amendments pop cork on new GIs and traditional expressionsRecent amendments to the Trade Marks Act 1995 (Cth) now make provision for the amendment of trade mark registrations affected by the inclusion of new EU geographical indicators and traditional expressions on the Register of Protected Names. Trade Mark Attorney Carissa Apps and Senior Associate Mark Williams report on the effect and implications of these changes
- 19 October 2010
Intellectual Property Bulletin - October 2010Our intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding copyright, trade marks, patents and anti-counterfeiting
- 25 June 2010
Audio: Whiskas purple trade mark allowedMars Australia has recently secured trade mark protection for a particular shade of purple, which it refers to as 'Whiskas Purple', for cat food. Partner Tim Golder speaks to Boardroom Radio about the case and the difficulties and consequences of obtaining trade mark protection of colours
- 13 April 2010
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments regarding intellectual property - including passing off, confidential information, patents, trade marks and copyright
- 18 December 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, copyright, patents and sponsorship/marketing
- 28 October 2009
Focus: Use of another's trade mark in search engine marketingWhile a recent opinion of the Advocate General to the European Court of Justice indicates that use of another's trade mark as a keyword in search engine marketing will not, of itself, constitute trade mark infringement in Europe, the position in Australia remains unsettled. Lawyer Nicholas Tobias reports on the aggressive and defensive uses of search engine marketing that can promote or protect a business's reputation
- 22 July 2009
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents and trade marks. Articles include 'Bavaria NV wins beer appeal', 'Utility requirements for Australian patents', and discussion of the interlocutory injunction in Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth and the software copyright appeal decision in Software AG (Australia) Pty Ltd v Racing and Wagering WA
- 14 July 2009
Focus: Full Court united on grace period for divisional patentsPatentees can breathe a sigh of relief now that the Full Court of the Federal Court of Australia has unanimously overturned a controversial decision of a single judge of the Federal Court. Partner Chris Bird and Senior Associate Linda Govenlock report on the appeal decision, in which the Full Court affirmed that a divisional application may be saved by the grace provisions afforded by section 24(1) of the Patents Act 1990, provided that the parent application from which it was divided was a complete application filed within the 12-month grace period
- 28 January 2009
Focus: Trade MarksThe Full Federal Court of Australia recently allowed an appeal by a US-based beverage company against an Australian competitor in a case that looked at the test that is to be applied when determining whether sufficient product recognition has been established in a relevant jurisdiction through indirect marketing. Partner Jim Dwyer and Law Graduate Joanne Been look at this important decision on brand reputation in Australia
- 19 December 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting copyright, patents, trade marks, designs and personal property. We also include important Christmas/New Year closure dates for IP registration services in Australia, New Zealand, Hong Kong and mainland China.
- 18 November 2008
Focus: Patents, Design and Trade MarksFor the first time, the High Court has considered the operation of section 117 of the Patents Act 1990 (Cth), which imposes liability in certain circumstances for contributory infringement of a patent. Senior Associate Rob Silberstein and Law Graduate Nicholas Tobias examine the decision and its likely impact
- 11 November 2008
Focus: Patent and DesignsWe look at three court decisions that provide some judicial guidance on three important patent and design issues
- 07 October 2008
Focus: Trade MarksA recent Australian Trade Marks Office decision found that the evidence did not demonstrate use as a trade mark of the shape of a four-bar chocolate and consequently, registration for that shape was refused. Partner Andrew Butler and Senior Associate Garen Holopikian review the case
- 07 May 2008
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 05 February 2008
Focus: Trade MarksThis case concerned two retailing interests using the same word mark in respect of overlapping goods and where one of the two retailing interests, which had obtained registration of the mark, commenced proceedings against the other for trade mark infringement.
- 18 December 2007
Focus: Patents, Designs and Trade MarksWe look at the abolition of the duty of disclosure for patent applicants; the Sportsgirl trade mark case; the dangers of choosing marks of a general character; changes to the trade mark renewal grace period; and practice changes with regard to letters of consent in cases of conflicting marks
- 12 December 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 05 November 2007
Focus: PharmaceuticalsPartner Annette Hughes and Senior Associate Rachel Nicolson provide an overview of the UN's draft Human Rights Guidelines for Pharmaceutical Companies in relation to Access to Medicines, released for public consultation in September 2007
- 24 October 2007
Focus: Trade MarksIn the recent case of Brother Industries Ltd v Dynamic Supplies Pty Ltd, the Federal Court of Australia considered an unusual set of facts and held that the importation and sale of non-branded products, manufactured by the trade mark owner but imported and sold in counterfeit packaging, constituted trade mark infringement, misleading and deceptive conduct in breach of the Trade Practices Act 1974 (Cth) and passing off
- 23 October 2007
Client Update: PatentsChanges to the duty of disclosure obligations for applicants and patentees of Australian patents have now been implemented. The requirement to inform the Australian Patent Office of the result of prior art searches conducted by overseas patent offices has now been substantially abolished. Partner Chris Bird and Patent Attorney Anthony Selleck report
- 13 September 2007
Focus: PharmaceuticalsIn the final instalment of our three-part series examining the amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan addresses the price disclosure obligations and how the information will be used to further reduce the price of pharmaceutical benefits to government
- 11 September 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright and designs
- 07 September 2007
Focus: PharmaceuticalsIn Part 2 of our Focus: Pharmaceuticals series examining amendments to the Pharmaceutical Benefits Scheme, Senior Associate Ric Morgan examines the way the statutory price cuts operate and details the supply guarantee requirements
- 05 September 2007
Focus: HealthWe look at a case of anti-competitive conduct by doctors; the first set of standards issued by the Queensland Health Quality and Complaints Commission; and a question of discrimination in the provision of medical services
- 30 August 2007
Focus: PharmaceuticalsThe Commonwealth Parliament has passed legislation to amend the Pharmaceutical Benefits Scheme. In the first of a three-part series, Senior Associate Ric Morgan provides an overview of the changes and examines the new concepts introduced by the amendments
- 20 August 2007
Focus: Patents, Designs and Trade MarksIn this issue we look at proposed changes to the duty of disclosure; the design registrability of fonts; a patent infringement validity decision; trade mark examination for short marks; changes to the process for filing divisional trade mark applications; and linking of single class trade mark registrations
- 13 July 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments relating to patents, trade marks, copyright and designs
- 05 June 2007
Focus: HealthWe report on the duty owed by employers where workers are exposed to traumatic events; the right to access one's own health information; the meaning of 'exceptional circumstances' when applying the 80/20 rule; the extent of the duty to warn patients pre-surgery; and when a surgical procedure amounts to battery
- 04 May 2007
Focus: CopyrightFollowing the decision of Australia's High Court in Burge v Swarbrick last week, businesses may now be better placed to assess how to manage design rights and copyright in products that may be mass-produced. Lawyer Marina Lloyd Jones looks at the impact of the decision
- 30 April 2007
Focus: HealthIn late March 2007, the Department of Health and Aging released an exposure draft of the Therapeutic Products Bill 2007 (Cth). This is the first in a series of new laws that will significantly change the way therapeutic products are regulated in Australia and New Zealand by setting up a joint trans-Tasman scheme. Lawyer Przemek Kucharski summarises key aspects of the Scheme and the Bill
- 27 April 2007
Focus: Patents, Designs and Trade MarksTwo significant changes to the schedule of patent fees; new trade mark, patent and design provisions now in force; and a look at upcoming conferences and events
- 29 March 2007
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting trade marks, trade practices, copyright and technology
- 28 February 2007
Focus: HealthIn this issue we examine the role of the Professional Services Review; final and binding determinations made under the Medical Practice Act 1994 (Vic); recent amendments to stem cell legislation; and the treatment of a child without parental consent
- 09 January 2007
Client Update: Patents, Designs and Trade MarksIn December 2006, IP Australia (the Federal Government body that administrates patent, trade mark, design and plant breeder's rights) announced a comprehensive review of its official fees. This is first major overhaul of fees for some time and is related to a general cost recovery policy being implemented by the Government
- 19 December 2006
Focus: Patents, Design and Trade MarksPartner Chris Bird provides an update on progress in legislative reform of the Australian Patents Act 1990 (Cth) concerning exemptions to infringement of a patent for experimental use and crown use
- 15 December 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, trade practices, copyright and technology
- 29 November 2006
Focus: HealthIn this issue we look at the issue of witness immunity; a duty of care case; medical record ownership; and new or amended legislation
- 20 September 2006
Intellectual Property BulletinOur intellectual property lawyers and patent and trade marks attorneys provide an update on the latest cases and legislative developments affecting patents, trade marks, copyright, domain names and related developments
- 18 September 2006
Focus: Trade MarksThe recent Full Federal Court appeal decision in Woolworths Limited v BP plc provides insight into the registration of colour trade marks based on acquired distinctiveness. Partner Andrew Butler and Articled Clerk Rosie Hooper report
- 06 September 2006
Focus: Patents & Trade MarksAAR Patent & Trade Marks Attorneys Partner Chris Bird reports on the potential impact of the Full Federal Court's decision in Grant on patent law in Australia and draws comparisons with the corresponding regimes in Europe and the United States
